HomeMy WebLinkAbout01_23_2021 PD RECOMMENDATION REPORTRPDinii-MullikenSouzaRFZ.doc-1232021
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
PLANNING DIRECTOR INITIATED
REPEAL CHANGE OF ZONE ORDINANCE NO. 12-128 (REZ 11-000143)
Upon careful review of the request, the Planning Director recommends that the Planning
Commission forward a favorable recommendation of this initiated action to repeal
Ordinance No. 12-128, which amended Section 25-8-23 (Mountain View Zone Map), Article
8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2016 Edition, as amended),
by changing the district classification from Single -Family Residential — 10,000 square feet
RS -10) to Village Commercial -10,000 square feet (CV -10) to the Hawaii County Council.
Since this recommendation is made without the benefit of public testimony, the Director reserves
the right to modify and/or alter the recommendation. This favorable recommendation is based
on the following findings:
In 2011, the current landowners Donny Souza and Melissa Mulliken applied for a
Change of Zone from Single -Family Residential -10,000 square feet (RS -10) to Village
Commercial -10,000 square feet (CV -10) in order to establish an approximately 1,800
square foot automobile repair shop. The change of zone was approved by the Hawai` i
County Council, with Ordinance No. 12-128, effective September 27,2012.
The Planning Director is initiating a request to repeal Ordinance No. 12-128 in
response to a written request submitted by the owners of the subject property. Repealing
the ordinance would have the effect of changing the zoning district from CV -10 back to
its original designation of RS -10. In essence, the Planning Director is requesting to
downzone this property to accommodate the owner's request. If approved, the property
would be allowed to retain the existing single-family dwelling and have the option of
developing an `Ohana dwelling in the future. Finally, there would not be any conditions
attached to the proposed ordinance as the zoning of the property will be reverted to the
original RS -10 zoning designation and all necessary infrastructure and services are
available to serve the single-family residence on the property.
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According to their letter, the landowners have not been successful in fulfilling
conditions of the ordinance and are no longer pursuing commercial development. They
are currently in the process of selling the subject property, which cannot be completed
until the property is reverted back to the original zoning. The prospective buyers also
have no intention of developing the property for commercial use.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The proposed action will conform to applicable goals, policies, and standards
of the General Plan.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the documents goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. When the original change of zone to CV-10
was granted in 2012, the Planning Director interpreted the LUPAG Map to consider the
property as Medium Density Urban since a small portion of the property is designated as
such. The proposed action to revert the zoning classification back to the RS-10 district
conforms to the LUPAG Map, which designates the majority of the property and the
surrounding area as Low Density Urban. Such designation allows single family
residential and related functions.
In addition, the proposed action would be consistent with the intent and policies
of the Puna Community Development Plan (PCDP) related to the formation of
Community Village Centers. The subject property is situated inside the preliminary
Mountain View Community Village Center, near its western boundary, and while the
PCDP endeavors to direct commercial development within these boundaries, language in
the PCDP allows for some flexibility in siting and the types of zoning and uses
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envisioned for those areas. According to the PCDP, the preliminary maps are not meant
to be precise or strictly interpreted, but rather as guidelines in the preparation of rezoning
requests for areas within or adjacent to regional town centers, community village centers,
or neighborhood village centers. Furthermore, the CDP states that there should be land
available for community and residential uses within the village center.
In this case, as there is an existing single-family dwelling on the subject property
and a majority of the properties along Nichols Road are mostly residentially zoned and in
residential uses, the Director believes that reverting the zoning to its original designation
of RS -10 would be consistent with the residential character of the area.
Based on the preceding findings, a favorable recommendation of the Planning Director's
initiated action to repeal Ordinance No. 12-128 which will reclassify the property back to its
original zoning designation of Single -Family Residential -10,000 square feet (RS -10) would
result in an appropriate land use pattern and would be in the best interest of the general public.
The accompanying draft bill to repeal Ordinance No. 12-128 is provided for your
favorable consideration. Please note all conditions contained within Change of Zone Ordinance
No. 12-128 shall be repealed. Further there are no proposed conditions to be attached to this
draft bill.
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COUNTY OF HAWAII STATE OF HAWAII
BILL NO.
PLANNNG 9EPf7
ORDINANCE NO.
AN ORDINANCE REPEALING ORDINANCE NO. 12-128, WHICH AMENDED
SECTION 25-8-23 (MOUNTAIN VIEW ZONE MAP), ARTICLE 8, CHAPTER 25
ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS
AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-
FAMILY RESIDENTIAL —10,000 SQUARE FEET (RS -10) TO VILLAGE
COMMERCIAL — 10,000 SQUARE FEET (CV -10) AT `OLA`A, PUNA, HAWAII,
COVERED BY TAX MAP KEY: 1-8-002:064.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 12-128 which amended Section 25-8-23 (Mountain
View Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2016
Edition, as amended), is hereby repealed in its entirety and the subject property shall be
classified back to its original zoning district.
SECTION 2. Section 25-8-23, Article 8, Chapter 25 (Zoning Code) of the
Hawaii County Code, is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at `Ola`a, Puna,
Hawai`i, shall be Single -Family Residential — 10,000 square feet (RS -10):
Beginning at the northeast corner of this parcel of land and on the southwesterly
side of Old Volcano Road, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "OLAA", being 18,195.43 feet South and
18,479.17 feet West, thence running by azimuths measured clockwise from true South:
1. Along Old Volcano Road on a curve to the left with a radius of 102.00 feet, the
chord azimuth and distance being:
309° 30' 12" 33.75 feet;
2. 1° 59' 30" 12.70 feet along the remainder of Grant 4053 to
W. Wolters;
3. 3T 11' 57.43 feet along same;
4. 51' 39' 18.48 feet along same;
5. 320° 35' 97.14 feet along same;
6. Thence along Volcano Road, F.A.P. No. F-2(4) on a curve to the right with a
radius of 1,869.86 feet, the chord
azimuth and distance being:
51° 49' 71.31 feet;
7. Thence along Nichols Road on a curve to the right with a radius of 20.00 feet, the
chord azimuth and distance being:
99° 17' 17" 28.96 feet;
8. 145` 40' 124.59 feet along Nichols Road;
9. 275° 01' 30" 20.50 feet along the remainder of Grant 4053 to
W. Wolters;
10. 237' 42' 30" 44.61 feet along same;
11. 231' 39' 35.71 feet along same;
12. 217' 11' 44.11 feel along same;
13. 181 ° 59' 30" 20.76 feet along same;
14. 228' 56' 4.38 feet along same to the point of beginning
and containing an area of 13,785
Square Feet.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
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SECTION 4. This ordinance shall take effect upon approval.
Flawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF BAWAI`I
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CHAPTER
TMK:
A -5a A -5a • CV -1
A -5a CV -10
CV -10
CV -10
R` 10
RS -10
CV -10
ie 195 43'S
A -20a
A -20a
RS -1 u7
RS
RS -10
RS -10
RS -20
VILLAGE COMMERCIAL - 10,000
SUET(CV-10ITO
SINGLE-FAMILY RESIOENCIAL -
10,000 SOFT RS -10)
RS -10
18479.17' W RS -10
10
RS -10
Fi
OPEN
is
cF
RS -20 'PQ
RS -20
20 RS -20
TOTAL AREA 13,715 SOFT
P
OLS
NCN
ML -20
10
JOLGPNO
RO
A -20a
A -20a
A -20a
Feet
0 120 240 480 720 960
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-23 (VOLCANO - MT. VIEW ZONE MAP) ARTICLE 8,
25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
VILLAGE COMMERCIAL- 10,000 SQ. FT. (CV -10) TO
SINGLE-FAMILY RESIDENTIAL - 10,000 SQ. FT. (RS -10)
AT'OLA'A, PUNA, HAWAI'I
MAP PREPARED BY.
COUNTY OF HAWAII, PLANNING DEPARTMENT
3) 1-8-002.064 DATE'. December 7, 2020
EXHIBIT "A" Planning Director Initialed
Map 1417